Misrepresentation in Railroad Affairs

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The projected cut-off was to be only 34 miles long, and the survey showed that it could be built over easy grades, 18 RAILROAD AFFAIRS not exceeding in any place i6 feet to the mile. The estimated cost was about $600, 000, and it was thought that this sum could easily be saved out of earnings. When it was proposed to put a mortgage on a part of the road, to secure a part of the bond issue, the question came up : should such mortgage be made to cover this legally authorized but as yet unbuilt cu...t-off? Counsel for the company and counsel for the trustee both advised that the short branch line be included, because it would be better to subject it to the lien of the mortgage then being executed than to create another mortgage hen at a later time. Upon this advice Mr. Harriman and his asso- ciates acted; but in order to proceed openly and above-board, they distinctly said, in their listing appUcation to the New York Stock Exchange: "This line has been surveyed but has not yet been constructed.

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